Category Archives: Nexus

DE: DNA warrant fails because affidavit for it does show how or why it could be found

“As previously noted, this Court must pay great deference to a magistrate’s determination of probable cause and must take a common-sense approach rather than a hyper-technical approach. Nonetheless, given the totality of the circumstances set forth in the Affidavit, including … Continue reading

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ME: Nexus between cell phone and crime can be inferred from totality of affidavit

Probable cause was shown for nexus between defendant’s cell phone and a multi-person burglary ring. While the affidavit didn’t explicitly state that the conspirators would communicate by cell phone before the burglary, it was a reasonable inference on the totality. … Continue reading

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IL: PC was shown for the SW for def’s house; he was not just the last person to see her alive, he had her car and credit cards

Probable cause was shown for a search warrant for defendant’s house. “The complaint in Gacy did not cite to a specific crime; like this case, it was concerned with a missing person. Gacy, 103 Ill. 2d at 19-20. Since the … Continue reading

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DE: No nexus for def’s DNA to murder; search incident can’t be used to take DNA

The state’s search warrant for defendant’s DNA has zero nexus to the murder he was being investigated for on a gun. The state’s alternative argument that DNA can be collected by the search incident doctrine 11 hours later is rejected. … Continue reading

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VT: Affidavit for arrest warrant by university police is a public record

An affidavit for an arrest warrant prepared by UV police is a public record subject to disclosure. Oblak v. Univ. of Vt. Police Servs., 2019 VT 56, 2019 Vt. LEXIS 109 (Aug. 24, 2019). The government on the totality linked … Continue reading

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NC: Failure to prove nexus to real property in SW requires suppression

The affidavit for search warrant failed to connect defendant to the premises sufficient for there to be probable cause, and the court of appeals decision to suppress is affirmed. As to a vehicle, the officer had more information but didn’t … Continue reading

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DC: Affidavit’s complete failure to show nexus is a lack of PC and good faith

Without something to go on, the court declines to ascribe a supposed error in an address as a mere typo. Moreover, the affidavit fails to provide any nexus to defendant and the place to be searched, and the good faith … Continue reading

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N.D.Okla.: A felon threatening somebody with a gun is nexus to believe the gun at his home

Defendant being a felon and allegedly threatening his alleged victim with a gun was nexus that he’d likely have it at home. United States v. Edwards, 2019 U.S. Dist. LEXIS 112265 (N.D. Okla. July 8, 2019). Defense counsel wasn’t ineffective … Continue reading

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MA: Actual knowledge def had cell phone on him isn’t required for CSLI warrant

For CSLI, direct evidence that defendant had a cell phone on him is not constitutionally required under Carpenter or any other case. The content of communications aren’t sought – just the fact of where the phone has been. Commonwealth v. … Continue reading

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E.D.Mich.: The affidavit for SW didn’t show nexus, but it wasn’t so lacking that GFE still didn’t apply

The court concludes that the government lacked nexus to defendant’s home for the search warrant because the proof was just lacking. It came down to two cases with similar but still sufficiently different facts reaching seemingly contradictory results on nexus. … Continue reading

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D.Minn.: A generic motion to suppress should be denied for telling the court nothing

“[F]ailure to affirmatively provide the Court with support for the motion as it relates to the warrant is a sufficient basis for denial of the motion.” Even so, the court goes to the merits and finds probable cause. United States … Continue reading

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CA3: Doing drug deals from the car parked behind the house was nexus

“Walker argues there was no evidence supporting the third Burton premise. We disagree, as several of the ‘factors that help establish the required nexus between a defendant’s drug-dealing activities and his home’ are present in this case. … Walker conducted … Continue reading

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